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Updated May 2, 2006, 4:47 p.m. ET
Moussaoui deliberations stall after juror calls in sick

ALEXANDRIA, Va. (AP) — Jury deliberations in the Zacarias Moussaoui sentencing trial were suspended Thursday after a juror called in sick.

Deliberations are scheduled to resume on Friday, although the judge said she may wait until Monday if the juror does not recover quickly.

U.S. District Judge Leonie Brinkema called lawyers for the defense and prosecution into court for a hearing at the outset of what was to have been the jury's fourth day of deliberations, reporting that a juror had called in sick.

After the judge and jurors left the courtroom Moussaoui jokingly took credit for the illness as he was taken away: "Moussaoui biological warfare.''

The jury has the job of deciding whether the Sept. 11, 2001 conspirator should be executed or sentenced to life in prison.

The jury of nine men and three women had deliberated for 16 hours over three days. They have asked only one question — a request on Tuesday for a dictionary. Brinkema denied that request, saying that giving them a dictionary would be like placing extraneous evidence in the jury room. She said jurors could submit a written question if they needed specific definitions.

The jury has only two choices: death or life in prison without possibility of release. If jurors cannot reach a unanimous decision, Brinkema automatically will sentence him to life.

The 42-page verdict form asks jurors to make findings on aggravating factors, such as whether Moussaoui acted with planning and premeditation, and mitigating factors, including whether he suffers from a mental illness and the extent of his role. Jurors are then asked to balance aggravating and mitigating factors in reaching their decision.

The 37-year-old Frenchman is the only person in this country charged in the Sept. 11 attacks.

Earlier this month, this jury found Moussaoui eligible for execution after more than 16 hours of deliberations. Although Moussaoui was in jail on immigration charges on Sept. 11, the jury ruled that lies he told federal agents in the month before Sept. 11 kept them from identifying and stopping some of the hijackers.

Moussaoui pleaded guilty in April 2005.



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